While acquitting the two accused, Akbar Mubarak Sheikh and Abdul Hameed, Judge Chandiwal in his order today observed that Mohammad Hussain Sheikh could therefore not be considered a genuine witness. Defence advocates Ayaz Khan and Pradeep Hingorani, who appeared for the accused, brought this to the court's notice and also said the same witness had been used as a panch witness with two different names.

Both cases were registered by police Sub-Inspector D D Wadmare then attached to the Narcotics Cell of the Mumbai police.

Mohammad Sheikh, during his cross-examination, had admitted that he had acted as a panch witness in another case with different identity though Wadmare denied this. Wadmare and the Narcotics Cell had arrested the two accused on January 23, 1990, from abus stop at Jogeshwari.

They were found to be in possession of 1 kg heroin each.